JUDGMENT

JUDGMENT:— Appeal No. 99/79 is preferred by one Kedar Nath who stands convicted under Section 201, IPC and sentenced to undergo three years rigorous imprisonment whereas Criminal Appeal No. 100/ 79 is preferred by one Baijnath who stands convicted under Section 302, IPC and also u/S.201, IPC and sentenced to undergo imprisonment for life and three yearsrespectively. These two appeals arise out of a common judgment. According to the prosecution, the deceased in this case used to sell out piece cloths by carrying them on his cycle. On the date of the occurrence, he went to the market for selling the cut-pieces of cloth but he did not return. A search was also not fruitful. Therefore, on 13-5-73 his brother made a complaint before the police. Thereafter on a tip off, a constable (PW 1) attached to the concerned Police Station made an entry in the first information report. The investigation proceeded on the strength of the report given by PW 24 and on the basis of information of PW 1 who is said to have obtained that information from an undisclosed informant. During the course of the investigation Baijnath was arrested on 29-5-73. The case of the prosecution is that on the inf